• No representation in court

We have filed a civil case against a firm to whom we had leased our gowdown. Case is filled since the firm failed to Vacate our premises after lease agreement (non registered ) had expired and non receipt of our pending rents( 2 years). Court has already given 3-4 hearing but there has been no representation from the firm in the court. We have been present in every hearing but non one from the Firm”s side . In such cases how many Hearing can get court give ? and what kind of order the Court can give so we can get our premises back with our dues.
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

Hi , if they do not appear in court in further one or two hearing the court shall pass a ex- parte order on your favour .. You can file the execution of court order in to vacate the premises

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Since defendant has failed to appear for 3 consecutive dates court can proceed exparte against him

If you are able to prove your case court would order defendants eviction from the leased premises

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi,

You've not mentioned what sort of case you've filed in Thane court and under which Act and Section you're asking for relief. Has the Summons Notice (from Thane Court) been served to the other party and received by them? Court matters take time. If the summons has been received by the other party and report has been received by the Thane Court and still the opposite party is not appearing, you can pray for ex-party order through your Lawyer. However, it will take time as court will have to wait for the other side to appear and present their case. If the other side do not appear even after receiving summons, you're eligible for ex-party order ie; order without other side representing their case.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

If they already appeared but not taking further step or summon duly servered on the defendant, then file a petition under section 151 CPC in the court praying fixed for ex-parte hearing.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

If neither the party in person nor the advocate engaged in the case is present for 2 dates at a stretch then the court generally passes an order for ex parte hearing of the case.

However beofre passing the order of ex parte hearing the court gives few chances to the other party by directing it to furnish show cause.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. There is no hard and first rule by which the Court will fix the numbers of such hearings without the opposite side's appearance to further decide on the matter.

2. Ask your Advocate to press for ex-parte hearing due to the continuous non appearance of the opposite party.

3. However, you shall have to make sure that the notice/summons of your said case has been properly served upon the opposite party and the record thereof has been submitted before the Court to establish that service of the summons/notice has been completed..

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Hi

If the firm doesn't appears in court on next one or two dates then court may pass a ex-parte decree in your favour. It means that you have won the case due to their absence.

Later they can get a chance to appeal against the ex-parte decree.

File a recovery suit for the recovery of your pending rent.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

In case service on the firm is complete, then court can proceed ex-parte against the firm. However , the firm can join the proceedings before the passing of the judgement and firm can also challenge the ex-parte judgement but the case will be decided on merits.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

ln case summon of the court has been served and no one appear on behalf of the firm , the court will proceed exparte

against firm and the case will adjourned for exparte evidence and then after hearing the argument pass the judgment .

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

This depends on the court, as to when do they start proceeding in the matter exparte after presuming sufficient service of notice upon the firm.

Therefore, it is difficult to precisely indicate the number of hearings which this could take.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Court must have issue summons to the opposite party to appear in the court in the pending case as soon as Court decides that no one is interested to represent the case from the respondent side Court may award you ex Parte decree in the suit.

Please be patient and let the court follow its own procedure

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

It is mandatory to give other side of the party a change to present his case. therefor service of summons is must.

on service of summons if the party not appeared on the given day and time the Court may proceed with the case in the absence of the party Ex-parte and pass the judgement.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

On ex-parte the Court will hear you r evidence and next stage will be arguments and passing of judgement.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Court can give 2-3 more hearings.

Ask your court to request the court for proceeding ex parte in the matter.

Make the service through publication in the newspaper also.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If they have entered appearance after receipt of summons, then the court will allow them to file their counter or written statement and it may allow up to 90 days for this.

If they did not appear after receiving summons, the court may set them exparte and an exparte order may be passed immediately.

You confirm what is the status.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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